This guide is a convenient source of information about essential sections of the ESA. It is for your details and assistance just. It is not a legal file. If you require details or specific language, please refer to the ESA itself and its regulations.

This guide ought to not be utilized as or considered legal advice. You may have higher rights under an employment agreement, collective contract, the typical law or other legislation. If you're unsure about anything in this guide, please speak with a legal representative.

Topics covered by the ESA?

These include:

advantage plans
bereavement leave
child death leave
crime-related kid disappearance leave
important illness leave
declared emergency situation leave
domestic or sexual violence leave
the employment requirements poster: employment circulation requirements
equivalent pay for equivalent work
household caregiver leave
family medical leave
household obligation leave
suing
hours of work, eating durations and pause
infectious illness emergency leave
licensing - momentary help companies and employers
lie detector tests
base pay
non-compete arrangements
organ donor leave
overtime pay
payment of salaries
pregnancy and adult leave
public vacations
reservist leave
severance of work
ill leave
short-lived assistance firms
termination of work and short-term layoffs
ideas or gratuities
getaway.
composed policy on disconnecting from work.
written policy on electronic monitoring of employees.
Reprisals are forbidden

Employers are restricted from penalizing staff members in any way due to the fact that the worker worked out ESA rights.

Clients of short-term aid agencies are restricted from penalizing assignment workers in any method because the project worker exercised ESA rights.

Recruiters are prohibited from punishing prospective workers who engage or use the recruiter's services in any method for particular factors, including asking the recruiter to abide by the Act or inquiring about whether an individual holds a licence as required by the ESA.

Employers, customers of temporary assistance companies and employers who commit a reprisal can be:

- purchased to compensate the worker, assignment employee or prospective worker.
- bought to reinstate the employee or project employee (if the reprisal was committed by a company or customer of a momentary assistance agency).
- purchased to pay a charge.
- prosecuted.
Find out more about reprisals.

Greater right or advantage

If an arrangement in a work contract or another Act offers a worker a higher right or benefit than a minimum employment requirement under the ESA then that arrangement uses to the worker rather of the employment requirement.

No waiving of rights

No employee can accept waive or quit their rights under the ESA (for example, the right to get overtime pay or public holiday pay). Any such arrangement is null and space.

Enforcement and compliance

Violations of the ESA can result in enforcement action.

The type of enforcement action that can be taken depends upon which arrangement of the ESA was contravened. Examples consist of:

- an order to pay.
- a compliance order.
- a ticket.
- a notification of breach with a monetary charge.
- an order to renew and/or compensate.
- prosecution.
Other workplace-related laws

The ESA consists of just a few of the guidelines affecting work in Ontario. Other provincial and federal legislation governs concerns such as workplace health and security, human rights and labour relations.

Related Ontario laws consist of the:

Occupational Health and Safety Act.
Workplace Safety and Insurance Act, 1997.
Labour Relations Act, 1995.
Pay Equity Act.
Human Rights Code.
For more information about other Ontario laws, contact ServiceOntario:

- Tel: 416-326-1234 (in Toronto).
- Toll-free: 1-800-267-8097 (in the rest of Ontario).
- online at ServiceOntario.ca.
Federal laws affecting workplaces consist of statutes on earnings tax, employment insurance and the Canada Pension Plan.

To learn more about federal laws, call the Government of Canada information line at 1-800-622-6232.

Who is not covered by the ESA?

Most workers and companies in Ontario are covered by the ESA. However, the ESA does not use to some individuals and individuals or organizations they work for, such as:

- workers and in sectors that fall under federal work law jurisdiction, such as airline companies, banks, the federal civil service, post offices, radio and television stations and inter-provincial railways.
- people working under a program authorized by a college of used arts and employment technology or university.
- individuals working under a program that is approved by a profession college registered under the Ontario Career Colleges Act, 2005.
- secondary school trainees who work under a work experience program authorized by the school board that operates the school in which the trainee is enrolled.
- individuals who do community participation under the Ontario Works Act, 1997.
- cops officers (other than for the lie detectors arrangements of the ESA, which do apply).
- prisoners taking part in work or rehab programs, or individuals who work as part of a sentence or order of a court.
- people who hold political, judicial, spiritual or chosen trade union workplaces.
- significant junior ice hockey gamers who meet certain conditions connected to scholarships.
- individuals who satisfy the definition of service specialist or information technology specialist under the ESA if certain conditions are fulfilled.
For a complete listing of other individuals not governed by the ESA, please inspect the ESA and its policies.

Employee misclassification

Employers are restricted from misclassifying employees as independent contractors, interns, volunteers or any other kind of employee not covered by the ESA.

Discover more about worker misclassification.

Additional resources

In addition to this guide, the Ministry of Labour, Immigration, Training and Skills Development (MLITSD) has additional resources offered to help you:

- The Employment Standards Act Policy and Interpretation Manual is the primary recommendation source for the policies of the Director of Employment Standards appreciating the interpretation, administration and enforcement of the ESA.
- Staff at the Employment Standards Information Centre are offered to address your concerns about the ESA. Information is offered in lots of languages. You can reach the information centre from Monday to Friday, 8:30 a.m.